FROM:
Planning Department
SUBJECT:
Title
Appeal No. 24-002 and Appeal No. 24-005: Requests to overturn the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131-26, and -27).
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RECOMMENDATION:
Recommendation
1. Deny Appeal No. 24-002 and Appeal No. 24-005, thereby upholding the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation Monitoring and Reporting Program (MMRP) for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131-26, and -27).
2. Uphold the Planning Commission decision to certify the FSEIR, SCH No. 2009091089, and adopt the MMRP and direct staff to file a Notice of Determination.
APPELLANTS / APPEAL APPLICANTS:
Appeal No. 24-002: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877
Appeal No. 24-005: Adams Broadwell Joseph and Cardozo for Californians Allied for a Responsible Economy (CARE CA): 601 Gateway Boulevard Ste 1000, South San Francisco, CA 94080
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COUNCIL GOALS:
• Promote economic development by concentrating on job creation.
• Promote economic development by establishing a quick, consistent development process.
• Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
DISCUSSION:
On March 26, 2024, the City received an application for an appeal (Appeal No. 24-002) from Golden State Environmental Justice Alliance; and on April 1, 2024, the City received an application for an appeal (Appeal No. 24-005) from Adams Broadwell Joseph and Cardozo die Californians Allied for a Responsible Economy (CARE CA). Both applications request overturn of the Planning Commission approval of the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet.
Project entitlements include Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of an Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089), Monitoring, and Reporting Program, (MMRP) for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs: 0237-131-25, 0237-131-26, and -27).
Background:
The Planning Commission held a public hearing on March 19, 2024, and approved Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064, along with certifying the Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089), an MMRP and a Statement of Facts and Findings for the project with adoption of Resolution PC Number 2024 - 020 and Resolution PC Number 2024 - 021, respectively, with a vote of 4-0. During this hearing, the Planning Commission also voted (4-0) to adopt Resolution PC Number 2024-022 to forward a recommendation to City Council to adopt an Ordinance approving the Development Agreement No. 24-002 that provides for extended timing of entitlements along with enhance environmental measures in association with a new industrial commerce center. The staff report and attachments for the March 19, 2024 Planning Commission hearing for this project, along with meeting minutes, are included as Attachments 4 and 5, respectively, to this staff report.
The Subsequent EIR (SEIR) for the Hemlock Warehouse Development Project (SCH No. 2009091089) was made available for the public review at the City’s website: <https://www.fontanaca.gov/2137/Environmental-Documents> (Hemlock Warehouse) and at the front counter and reviewed by the Planning Commission at the November 7, 2023 and March 19, 2024 regular meetings.
Appeal:
Subsequent to the Planning Commission March 19, 2024 approval, the City received appeal applications from the following entitles:
1. Golden State Environmental Justice Alliance filed an appeal (Appeal No. 24-002) application and letter (Attachment No. 2) filed on March 26, 2024; and
2. Californians Allied for a Responsible Economy c/o Andrew Graf, Adams Broadwell Joseph and Cardozo filed an appeal (Appeal No. 24-005) application and letter (Attachment No. 3) filed on April 1, 2024.
In summary, the appellants’ letters include assertions that:
• There are flaws in the Subsequent Environmental Impact Report (SEIR) and CEQA process;
• The Subsequent Environmental Impact Report (SEIR) fails as an informational document and fails to meaningfully disclose and analyze all significant air quality, greenhouse gases (GHG), transportation, and utility impacts;
• A new revised EIR should be prepared due to deficiencies of the SEIR;
• The Planning Commission’s certification of the FSEIR was premature and in violation of CEQA because the City Council has not yet considered the Project’s development agreement.
The project environmental consultant (EPD Solutions) that prepared the Subsequent EIR for the Hemlock Warehouse Development Project (SCH No. 2009091089) has prepared detailed written responses to each of appellant’s claims regarding potential environmental impacts and indicates that they have been considered and determined to be without merit and the Subsequent EIR prepared for the project complies with the provisions in CEQA. The responses are included with Attachment Nos. 2 and 3.
FISCAL IMPACT:
None
MOTION:
Approve staff recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Appellant letter (Golden State Environmental Justice Alliance) and Response Memorandum
3. Appellant letter (Californians Allied for a Responsible Economy) and Response Memorandum
4. Planning Commission March 19, 2024 public hearing packet
5. Planning Commission Minutes
6. Clerk of the Board Fee Receipt and NOD
7. Public Hearing Notice